Monday, 15 August 2016

Cyclists may breach data laws with on-board cameras

Irish Examiner 02-08-2016

If a cyclist or homeowner uses footage from these cameras, beyond
a personal capacity, then they may be in breach of data-protection law.

“If an individual is using CCTV or a body-worn camera and
processing personal data beyond what is a ‘personal or household activity’ then
they may assume the role of a data controller and as such they would be
required to comply with data protection legislation,” a spokesperson from the
DPC’s office said.

The issue came up in the commissioner’s annual report for 2015,
published in June, listing it as one of three major data protection matters
that arose.

The spokesperson from the commissioner’s office stated however,
that where an individual processes data from such cameras for their own
personal affairs or keeps it for recreational purposes, this is exempt from the
data protection law.

However, even if the activity is exempt a person such as a
neighbour might object to it and take a civil action.

“Though outside the remit of this office, it may be the case that
even where this exemption does apply, an individual who objects to the
recording, for example a neighbour who objects to images of his or her property
being recorded, may be able to take a civil action based on the constitutional
and common law right to privacy,” said the spokesperson.

The commissioner’s report also made an audit finding on the
excessive use of body-worn cameras.

“Our general guidance in this area is that we would consider that
body-worn cameras should only be activated in extreme cases in response to
specific pre-defined criteria, where it could be justified for security and
safety purposes,” reads the report.